Sexual Harrassment Essays (3661 words) - Workplace Bullying

Sexual Harrassment History & the Law Under Title VII of the Civil Rights Act of 1964, Sexual harassment is a form of sex discrimination. Federal law as well as various state fair-employment laws prohibit employers with 15 or more employees from treating members of one sex or race differently from members of the opposite sex or another race in terms, conditions, or privileges of employment. The statutory and regulatory laws govern the entire employment process from pre-employment activities such as recruiting, through an employee's career with the organization, including termination. The prohibition against sex discrimination imposes responsibility upon employers to afford their employees an environment free from sexual harassment and from the fear that it may occur. The Equal Employment Opportunity Commission (EEOC) can file lawsuits on behalf of victims of sexual harassment, women who take their accusations to court face even bigger obstacles than mere public disapproval. The legal process is long and cumbersome - it can be years from the first complaint to the final verdict and in the meanwhile, the woman is in a legal, professional and often financial limbo. Women are not entitled to collect damages under the Civil Rights Act - just back pay; so many women don't see this process as worth the trouble. Even those, however, who do file a complaint and win a harassment case, may feel lost. Though, Title VII offers reinstatement to previous job, the individual may be shunned or harassed by co-worker thus making conditions even more uncomfortable than they were beforehand. Common law tort lawsuits, such as intentional infliction of emotional distress and assault and battery, provide a remedy in certain types of sexual harassment cases that is total ly dependent of any of the statutes and governmental agencies. However, the solutions proposed might seem comprehensive in plans to lessen sexual harassment in the workplace and punishment of harassers, women still face formidable obstacles in preventing harassment from continuing. The proposed measures fail to cover all aspects of harassment, though the truth is, it is virtually impossible to formulate a plan to do so. Anti-harassment policies in the workplace can significantly lessen the occurrences of harassment by co-workers, but in reality, corporate policies are only as good as the supervisors that enforce them. Evidently, sexual harassment has manifested itself into the everyday work environment, and has now unfortunately become a common occurrence for some women. Though government procedure countering this problem has improved considerably over the past few years, as long as there are women in the work force, they will inevitably be subjected to the torture that is sexual harassment. Definitions Sexual Harassment is defined as Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment; 2) submission to or rejection of such conduct is used as the basis for employment decisions; or 3) such conduct has created an intimidating, hostile, or offensive working environment. There are two kinds of sexual harassments- quid pro quo (1,2) and hostile environment (3). In a quid pro quo, if its proven that some specified sexual conduct is a condition for some sort of employment advantage, its and actionable claim. If the conduct is suggested for the receipt of employee benefits, promotions, continued employment in a particular job or continued employment at all, it also is quid pro quo. In a hostile environment, the employee must prove two things for the action in this case. First, the employee must establish that he or she was subjected to unwelcome physical and/or verbal conduct of a sexual nature. Secondly, the employee must prove that the conduct was so severe or pervasive that it unreasonably interfered with the employees job performance, or that it created an abusive, intimidating or offensive working environment. What constitutes conduct of a sexual nature? It is understood that this includes sexual advances or propositions, but this term also refers to many other forms of indirect sexual harassment as well. The forms that such sexual harassment can take are as varied as a perverse imagination can create. Sexual conduct can also include pranks, threats and intimidation, sexual commentary and lewd humor, and